Petition and cross petition for review—content and procedure.

CFR · 2024-01-01 · US · Title 5

(a) (1) A petition for review is a pleading in which a party contends that an initial decision was incorrectly decided in whole or in part. (2) A cross petition for review has the same meaning as a petition for review but is used to describe a pleading that is filed by a party when another party has already filed a timely petition for review. (3) A response to a petition for review and a cross petition for review may be contained in a single pleading. (4) A reply to a response to a petition for review is limited to the factual and legal issues raised by another party in the response to the petition for review. It may not raise new allegations of error. (5) No pleading other than the ones described in this paragraph will be accepted unless the party files a motion with and obtains leave from the Clerk of the Board. The motion must describe the nature of and need for the pleading. (b) (c) (d) (e) (f) (g) (h) (i) (2) (ii) The Special Counsel may not intervene in an action brought by an individual under 5 U.S.C. 1221, or in an appeal brought by an individual under 5 U.S.C. 7701, without the consent of that individual. The Special Counsel must present evidence that the individual has consented to the intervention at the time the motion to intervene is filed. (3) (j) (k) (l)

official document · source cfr-2024 · id 5:§ 1201.114